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Health and safety

“How does a company ensure workers within its supply chain enjoy adequate safety protection within the workplace, when it sources from supplier companies in countries with little or no safety protection, either because the law is inadequate or the law in not enforced?”

Health and safety in the workplace

This page presents an introduction to and analysis of the dilemma. It does so through the integration of real-world scenarios and case studies, examination of emerging economy contexts and exploration of the specific business risks posed by the dilemma. It also suggests a range of actions that responsible companies can take in order to manage and mitigate those risks.

"How does a company ensure
workers within its supply chain enjoy adequate safety protection within the
workplace, when it sources from supplier companies in countries with little or
no safety protection, either because the law is inadequate or the law in not
enforced?"

The dilemma for responsible business is how
to address weak occupational health and safety (OHS) practices in its supply
chain given the variety of complex circumstances wherein health and safety at
work can be compromised. The dilemma not only arises in the short-term, in
respect to the prevention of accidents at work, but in the long-term, in
relation to diseases and injuries that can have lifelong effects on employee
wellbeing and livelihoods.

Often responsible companies find themselves
in situations where they face challenges in enforcing defined OHS standards
amongst their suppliers, especially in countries where the health and safety
regulatory framework is weak or where laws are poorly enforced and monitored. This
gives rise to a number of concerns in relation to how suppliers, especially the
smaller ones in developing countries that have limited resources, put in
systems and procedures that will comply with developed countries' health and
safety practices. This is a particular concern if suppliers do not have the
resources to upgrade health and safety systems.

There are many situations that education
and awareness-raising – rather than investment per se – assists in the
implementation of safer practices. However, in other cases companies must
invest in good OHS practices, which may result in an increased cost of
production for goods, making these suppliers less competitive. That said,
health and safety lapses can result in business discontinuity and costlier production;
so savings in the short term often lead to higher costs longer term.

There is a higher risk of abuses and
violations relating to the enforcement of health and safety standards occurring
in countries where:

Monitoring and implementation of internationally
recognised workplace safety standards for companies with obscure supply
chains is made challenging due to the inability to trace the sources of
some products. For example, this may concern minerals, which may be traded
through unregistered intermediaries, or apparel supply chains which may
involve large amounts of sub-contracted home working

Multinational Companies (MNCs) source from countries in
which there is inadequate legal protection around occupational health and
safety, both in terms of the quality of legislation and enforcement. These
are also the countries where the workforce is either poorly educated
and/or has received inadequate workplace health and safety training

Poor occupational health and safety
standards, in addition to increasing costs and reducing productivity, can
potentially expose MNCs to allegations of complicity. Poor standards can also
give rise to civil law suits or highly publicised NGO campaigns against the
company where accidents and injuries within the supply chain expose inadequate
safety standards.

In such situations, how can MNCs ensure
that their suppliers – and particularly small and medium-sized suppliers –
address health and safety responsibly? Further, how can these suppliers, go
beyond compliance with local national law to provide a level of protection to
their workers that is aligned with the MNC's standards and/or international
standards?

Defining health and safety

The International Labour Organization (ILO)
states that occupational health and safety "encompasses the social, mental and
physical well-being of workers."1

Also, the World Health Organization (WHO) has
summarised the various definitions of occupational health and safety (OHS)
and characterises OHS practice as an activity that:

Protects and promotes the health of workers by preventing
and controlling diseases and accidents and by eliminating occupational
factors and conditions hazardous to health and safety at work

Develops and promotes healthy and safe work, work
environments and work organisations

Enhances the physical, mental and social well-being of
workers and supports the maintenance and development of working capacity,
as well as professional and social development at work

In 2015, the ILO estimated that approximately 6,300 people
die each day and 860,000 people are injured or become unwell due to
occupational accidents or diseases.3
In 2012, the ILO estimated that approximately 4% of the world's gross domestic
product is lost through the cost of injury, death and disease through absence
from work, sickness treatment and disability and survivor benefits.4

Real-world examples

Miners trapped in San José copper and gold mine

The collapse of the San José copper and gold mine near
Copiapó, Chile, on 5 August 2010, which left 33 miners trapped underground for
more than two months, occurred due to lax health and safety standards by San
Esteban Mining Company and governmental agencies. The
owners of the mine neglected to reinforce galleries and create a second
emergency exit shaft.

Three workers had been killed at the mine in the last six
years and dozens have been injured in accidents.5
Although the owners had been forced to suspend operations more than once
for these “flagrant safety violations”, they were allowed to reopen the mine shortly
after each accident.6
The state supervisory agency failed to close the mine down permanently.7

In response to the San José mine collapse, the Piñera
government formed an expert advisory commission tasked with reviewing and
reforming the country's health and safety laws and enforcement procedures.8
The president has pledged to triple the budget for the government agency
charged with supervising standards at mines.9
He has also dismissed senior officials at the safety regulator for the mining
sector.10

The government has also promised to double the number of
mine inspectors with a view to ensuring that Chile's mines are inspected every
eight months.11
Prior to the accident, the state body that oversees the mining sector, the
National Geology and Mining Service (Sernageomin), was staffed by only 18
inspectors who were responsible for monitoring an industry that employed some
175,000 workers.12

Despite the propagation of government initiatives that have
been announced since the San José accident, the absence of a pledge by the
Chilean government to ratify the ILO Convention on Safety and Health in Mines
(No. 176) remains conspicuous. Upon ratification of this convention, signatory
states are obliged to legislate and enforce regulations on safety in mines,
such as those governing the provision of two emergency escape shafts.13
While this would have significant cost implications for businesses, some
stakeholders – including trade unions and NGOs – consider that the
unwillingness to accept such additional costs may lead to the neglect of
miners' safety.

Bangladesh textile factory
fire kills more than 120 and injures 200

On 24 November 2012, 117 workers were killed and more than
200 injured when the Tazreen Fashions garment factory caught fire. At the time
of the fire more than 1,150 people were working inside the factory. According
to reports, the fire broke out in an open-air area of the factory on the ground
floor where fabric was being stored illegally. It is alleged that workers were
told to ignore the fire alarm by management and continue working, corridors were
blocked with highly flammable fabric and fire escapes were locked. In addition,
due to a lack of external fire escapes it is reported that numerous workers
died after jumping from the building to escape the fire.14

In September 2015, the factory owner, his wife and 11 others
were charged with causing death by negligence. The factory's managing director
and its chair were accused of breaching building regulations, including those
relating to the unsafe conditions of the stairwells. MNCs reported to source
clothing from this factory included Walmart, C&A and Enyce. The BBC
reported that "Lax safety standards and poor wiring causes several fatal
factory fires every year in Bangladesh."15
In April 2005 for example, the Spectrum factory in Bangladesh collapsed due to
a fire, killing 64 workers and injuring 8416.
Meanwhile, the Clean Clothes Campaign reports that "at least 172 workers were
killed" between 2005 and 2010.17

Rana Plaza factory collapse
in Bangladesh

On 24 April 2013, the Rana Plaza factory collapsed in the
Savar Upazila, Dhaka, Bangladesh, killing 1,134 people and injuring approximately
2,515. The factory collapse highlighted the poor working conditions in Bangladesh's
garment industry.

It is alleged that the upper four floors of the complex had
been built without a permit and the building was not designed to house
factories with heavy machinery. The day before the disaster took place, it was
reported that cracks had appeared in the buildings walls and the building was
evacuated. However, the following day the factory owner, Mohammad Sohel Rana,
told workers to return to work, and managers at another factory within the
complex, Ether Tex, threatened to withhold workers' pay for a month if they
refused to come to work. On the morning of the 24 April there was a power cut
and diesel generators housed on the top floor were started up sending powerful
vibrations throughout the building and triggering the collapse.

A number of global brands are reported to have had orders
with one of the five garment factories located in Rana Plaza when the incident
took place including Walmart, Mango, Inditex, Matalan, Benetton and The
Children's Place.18

To see how companies such as Timberland, Gold Fields and Walmart
have addressed health and safety issues, see:

Within their own operations, MNCs often have health and
safety policies in place, ensuring safe workplaces and compliance with national
law. However, third party suppliers may not have as stringent health and safety
measures, resulting in unsafe workplaces and a higher rate of accidents. As a
result, MNCs may be perceived to be complicit in health and safety violations
of third-party suppliers and/or may suffer reputational damage by association.

Health and safety risks at work include, but are not
necessarily limited to injuries caused by fire, workplace accidents and
injuries due to dust, noise, toxic fumes, asbestos inhalation and radiation,
and also stress and tiredness due to overwork.

MNCs are more likely to find lax health and safety
procedures and practices in countries characterised by the following:

Lack of labour laws and their enforcement

Many countries at the national level have not ratified or implemented
international conventions or introduced national legislation that would allow
the government to regulate OHS in sectors or areas of risk. This creates a
culture of impunity and a business environment that does not value workplace
health and safety, making it difficult for responsible business to introduce
improved procedures and policies.

If the country has laws on OHS they are often general and do
not provide enough protection for workers, both in lower and higher risk
industries. In some countries, labour laws do not enact specific provisions
about the rights and responsibilities of workers or employees. Further, in many
countries, the lack of laws and regulations controlling sectors, such as mining
and construction, leave workers more vulnerable to unsafe working conditions
without recourse to protect themselves.

Where there are adequate rules and regulations, a country
may lack the resources, in money or manpower, to ensure that regulations are
complied with and may fail to bring prosecutions or other sanctions against
violations of OHS regulations in force.

However, in some instances, corruption and lack of adequate
training for labour inspectors or other OHS officials contributes to lax
regulatory enforcement. In a large country such as Brazil, for example, it is
difficult for national and local governments to recruit an adequate number of
labour inspectors to cover all industries and sectors as the country is vast.

Lapses in upholding standards in OHS may not only be due to the
lack of law and policies, but employers not sufficiently understanding these
laws. This can result in the company not implementing policies that comply with
laws. Lack of compliance can also be due to a lack of education and a poor
commitment to training in relation to laws and internal policies, both by the
responsible labour ministries and within companies.

High levels of corruption

In countries where labour inspectors/enforcement officers
are poorly compensated corruption could be an impediment on the enforcement of
OHS standards. These inspectors/officers are more likely to accept bribes from
employers breaching labour standards, including working hours. This is
particularly of concern where corrupt inspectors are not held accountable for
their actions by the responsible authorities and therefore act with impunity.

Large informal economy

Poor enforcement of health and safety standards can be
common in countries with a large population of informal workers operating
outside the formal business environment. Informal workplaces are not subject to
inspections or are not held accountable for standards being met. Informal
workers are not protected by the law, therefore their rights to a healthy and
safe working environment are neither protected nor enforced. This means workers
are particularly vulnerable in supply chains that stretch in lower tiers into
the informal sector, or that rely on services from the informal sector, for
example transportation and communications, home working etc.

Sectors that require higher health and safety standards

There are some sectors and industries that by their very
nature are more hazardous than others. These include industries where people
have to work underground, work at dangerous heights, operate heavy machinery or
equipment, handle dangerous machinery and equipment, or work with sharp
instruments or toxic substances.19
Compliance with international OHS standards call for national frameworks to be
tailored to address the specific risks of each of these unique hazardous conditions.

Industries with high levels of risk
exposure include:

Mining

Natural resource extraction industries such as mining, oil
extraction, and forestry each have specific OHS issues. Miners for example, are
particularly at risk from lack of oxygen when mining in low depths, exposure to
other gases such as methane or carbon monoxide or from underground explosions
causing injury or trapping the miners.20

Further, mine structures can collapse through explosions and
fire caused by a build-up of methane.21
Sometimes flooding can occur. Specific hazards vary according to the minerals
being mined and the structure of the mine that is operated. In some mines,
workers often use equipment and machinery that expose the workers to dust,
noise and ergonomic hazards.22
Long hours of work present a hazard in and of itself as the practice increases
the fatigue, which in turn increases the risk of an accident involving other
hazards inherent in mining.

A lack of washing facilities can also exacerbate skin
conditions that have been brought on by the chemicals and gases in the air as
workers are not able to clean themselves after each shift.

The failure to create a culture of safety may also increase
the number of accidents involving transportation within a mine site. For
example, machinery left on mine roads or poor visibility due to dust or
landscaping leaves workers exposed to traffic accidents.

Oil and gas

In the oil industry, the maintenance, construction and
installation of oil platforms/structures and oil wells can be hazardous due to
the machinery used, risks associated with precarious working arrangements and
also the risks of falls from a height.23
Other hazards include working under high stress situations, respiratory tract
diseases resulting from exposure to "harsh climates, infections and parasitic
diseases."24

Forestry

The ILO reports that forestry presents different challenges according
to the type of forest and timber felling sites and processing facilities. In a
1997 ILO article entitled, "No
more ‘Hang ups' and ‘Widow-makers'",25
it was found that, in general forest workers are required to handle heavy loads
risking musculoskeletal disorders. The equipment used to log trees can also be
hazardous, for example chainsaws that may cause injury or hearing impairment.

Agriculture

The agricultural sector, employing half of the world's
workforce and prevalent in most developing countries, is another dangerous occupation.

According to a 2005 ILO release, the use of pesticides
causes some 70,000 poisoning deaths each year, and at least seven million cases
of acute and long term non-fatal illnesses.26

Construction

The ILO and the FAO state that construction is one on the
three most dangerous sectors alongside agriculture and mining. According to ILO
estimates from 2015, each year at least 108, 000 fatal accidents occur on
construction sites around the world. Data from industrialised countries shows
that the risk associated with construction work are 3 to 6 times greater than
in non-industrialised countries. 28

The industry is still largely labour-intensive and has a
tradition of employing migrant labour from lower-wage economies, with often
precarious terms of employment. Many different parties are involved –
employers, contractors, workers, architects, designers, clients, equipment
suppliers and others – and demands from all these different parties can induce
stress in the worker and may increase the prevalence of psychosocial problems.

In addition the ILO reports:

One in six fatal accidents at work occur on a construction
site

In industrialised countries, as many as 25-40% of
work-related deaths occur on construction sites, even though the sector
employs only 6-10% of the workforce

In some countries, it is estimated that 30% of
construction workers suffer from back pains or other musculoskeletal
disorders

The global number of accidents and diseases in the
construction industry is difficult to quantify, as statistical information
is not available for many countries. But, 2015 ILO global estimates on
work-related fatalities revealed that the construction industry recorded
some 108, 000 fatalities out of a world total of 2.3 million.29

The construction industry poses inherent health and safety
risks throughout the world. The UK HSE, for example, states in a 2014/2015
report that the construction industry is one of the UK's most dangerous
industries and that the most common causes of fatalities between 2010 and 2015were
30:

Falling from a height (97 cases)

Being trapped by something collapsing (28 cases)

Being struck by an object (21 cases)

Being struck by a moving vehicle (21 cases)

Contact with electricity (16 cases)

Other (34 cases)

Building materials and equipment used in construction poses
a risk to workers. In addition, employees may also be exposed to silica, dust,
solvents and potentially asbestos as by-products if working in an older building.
Working at great height increases the risk of falling. Proper preventative
equipment such as steel capped boots and safety helmets must be worn to protect
from falling objects. Manual handling such as lifting building blocks can cause
back strain and other forms of muscle injury. There are risks of hazards on a
building site, including the likelihood of electric shocks and fires.

Since construction is an activity that is relevant to all
sectors, it is important for responsible businesses to consider
construction-related health and safety risk exposures across their value chain.

Bangladesh: Workers' groups state that
legal standards are sufficient but not effectively enforced according to the US
Department of State's 2014 Human Rights Report.31
Complaints raised by workers are rarely prosecuted.32
Industrial inspections by the Ministry of
Labour and Employment (MOLE) are weakened by corruption and low numbers of
inspectors. The report also states that workers made allegations of prevalent
and systemic corruption among inspectors.

The NGO, Bangladesh
Occupational Health and Environment Foundation, conducted a survey between
January and September 2011.33
It recorded 867 workplace deaths and 465 work-related injuries during the nine
month survey period. The survey found that the highest risk sector in terms of
accidents was the transport sector. The garment sector was the second highest,
followed by construction, mining, day labour, pharmaceuticals, service and
agriculture sectors.

According to Human Rights Watch, conditions in Bangladesh's
tanneries are extremely dangerous. In its 2012 report, "Toxic
Tanneries: The Health Repercussions of Bangladesh's Hazaribagh Leather",34
workers, some of whom are as young as 11 years old, are exposed to toxic
chemicals, causing skin diseases and respiratory illnesses. Despite the health
danger posed by these chemicals, HRW alleges that tanneries do not supply
workers with protective equipment.

The NGO, War on Want
claims that conditions in many garment factories are substandard. Its 2009
report, "Ignoring
the Law", states that over 70% of workers interviewed said that the workplace
lacked safe drinking water and that most factories are poorly ventilated.
Eighty-seven percent of workers reported that the factory did not have a fire
escape and only 23% of workers said they had access to toilet facilities.

Another industry where substandard working conditions can
represent a risk is the growing prawn-farming industry. It is currently the
second largest exporter behind the garment industry in Bangladesh. A recent
report entitled, "The
Degradation of Work – The True Cost of Shrimp"35 by labour rights
advocates, Solidarity Center alleges
that employers use child labour and subject their employees to dangerous and
unhealthy working conditions in violation of national labour law. The report
based its findings on interviews from employees in ten prawn plants in
Bangladesh. It found that the interviewed workers were receiving wages as low
as BDT1,200 (US$17.08) per month and working up to 18-hour days. Interviewees
also claimed that safety equipment, including boots and gloves, were often not
provided. The employees also reported incidents of harassment, intimidation and
beatings from employers, undermining their health and wellbeing. The large ship
breaking industry in Bangladesh is inherently dangerous. Workers are employed
to break up large ships and tankers, often by hand. These workers can suffer a
wide range of health problems and injuries due to working in dangerous
conditions without safety equipment and being exposed to toxins contained on
the ships. Toxins include asbestos, radioactive material, mercury, and fumes
and gases, which can cause explosions and are dangerous to inhale.

Brazil: The US Department of State reports that
unsafe working conditions are prevalent throughout Brazil, particularly in
construction, and that the government granted benefits to 32,949 people for
work-related accidents from January to September 2010.36
This is up from the previous year where 28,819 accidents were recorded from
January to November 2009.37

Government statistics indicate that there were 724,000work-related
accidents in Brazil in 2013, compared to 702,496 in 2010. Breaches of
occupational health and safety regulations remain prevalent, especially in
construction, transport and mining industries. According to the latest
statistics, the south-eastern region had the highest incidence of occupational
accidents, with 378,564 cases reported in 2010. During the same period, there
were 156,853 cases reported in the southern region, 89,485 in the northeast,
47,374 in the central-west, and 29,220 in the north. The construction industry
had the highest incidence of workplace accidents causing permanent damage, with
454 cases, while road transport ranked second with 412 cases.

Due to the high level of informal employment, especially in
the agricultural sector, there are likely to be many more cases of work-related
accidents and diseases that are unaccounted for, particularly in rural areas.

The NGO, Reporter Brasil38,
for example, reports that the number of employees who suffered accidents while
planting soybean increased from 286 cases in 2006 to 485 in 2007, but due to
underreporting, estimates are likely to be even higher. Reporter Brasil adds
that poor employment conditions, especially in rural areas, make Brazil one of
the world leaders in accidents at work. Work-related accidents and disease
costs the government BRL10.7 billion (US$5.7billion) annually.39

Workplace illnesses and accidents can be costly for
companies in Brazil. In addition to the loss of production, equipment and
manpower that can be the result of such accidents, companies must also pay compensation
and medical expenses for up to 15 days. The company may also be vulnerable to
lawsuits and other regulatory actions if the breach of safety regulations is
severe enough.40

China: Although the country's laws are in-line with
international standards, China's overall OHS record is poor.41 This is
mainly due to the lack of resources allocated to labour ministries to develop a working system of labour inspections or to
give inspectors adequate training. The government is, however, taking steps to
improve enforcement.

However accidents and deaths in industrial, mining or
commercial enterprises continue to fall. For example, in coalmining, the State
Administration for Work Safety (SAWS) reported 589 accidents and 1,049 deaths
by the end of 2013, down by 24% compared with data from 2012.42
This is a marked improvement and a reflection of the State Council's tightening
of workplace health and safety measures in high risk industries (such as mining
as well as chemical factories) since July 2010.43

China's workplace health and safety record is poor in the
manufacturing industry. Businesses in this industry often continue to use older
machinery, are in short supply of safety equipment and require employees to
work long hours with reduced breaks. Young migrant workers in the manufacturing
industry are particularly vulnerable. For example,in December 2012, 14 people
were killed at an underwear factory in the southern Chinese city of Shantou.

In June 2012, China Labour Watch (CLW) released a report on
working conditions at electronics manufacturers, "Beyond Foxconn:
Deplorable Working Conditions Characterize Apple's Entire Supply Chain".44
CLW found a number of common occupational health and safety violations. These
included inadequate rest periods, a lack of training on emergency equipment and
procedures, and exposure to extreme temperatures, noise, chemicals and
radiation. In addition, air quality in factories was very bad due to metal dust
in the air. In many cases, workers were provided with substandard personal
protective equipment or did not use it. One factory was even reported to switch
old equipment for new during customer visits and audits.

The Ministry of Human Resource and Social Security reported
that in 2008 there were only 23,000 full-time professional inspectors and
indicated that there were areas in which a single labour inspector would be
responsible for more than 50,000 workers.45

Egypt: There is little evidence that OHS risks in
Egypt, one of the world's leading growth economies, are being monitored
effectively. The most recent figures available are those for the period of
2001-2006, during which the Occupational Health Department of the Ministry of
Health and Population took steps to improve data collection by means of an
injury surveillance system.46

The injury surveillance system is designed to monitor all
types of injuries that occur throughout the country, including those that are
work-related. It is administered by the Injury Control Unit which was
instituted in 1999 by the Ministry of Health and Population.

According to the Injury Control Unit, workplace injuries as
a percentage of the total reported injuries increased from 5.43% in 2001 to
6.29% in 2006. According to the World Health Organisation (WHO), workplace
injuries are the third leading cause of death in Egypt.47
Occupational illnesses and diseases among farmers as a proportion of the total
reported occupational illnesses and diseases declined from 8.49% to 8.20%,
however. Occupational illness and disease among non-skilled workers also
decreased by 2.12% over the same period: from 7.73% in 2001 to 5.61% in 2006.48

The absence of rigorous monitoring and reporting mechanisms,
which provide up-to-date data and detailed breakdowns of the nature, causes and
frequency of occupational injuries and illnesses for each sector, poses
reputational, operational and strategic risks to responsible business.

As the Injury Control Unit recognises, "[t]o develop
effective prevention strategies … we need to know about the numbers and types
of injuries that occur and about the circumstances in which those injuries
occur. Such information will indicate how serious the injury problem is, and
where prevention measures are most urgently needed."49

Indonesia: Indonesia's OHS record is poor. According
to the state owned social security insurance agency, JAMSOSTEK, there were 103,074
occupational accidents in 2012; of these, 2,419 resulted in fatalities. This
figure represents a 9% increase in occupational accidents compared with 2011.50

In 2010, there were 86,692 workplace accidents reported
across all sectors between January and November. This translates to an average
of 237 accidents per day. In 2007, there were 16,931 fatalities in work-related
accidents, nearly 13 million accidents resulting in three or more days of
absence, and 50,279 fatalities from work-related diseases.51
The agency claimed that informal sector workers (who account for 60-65% of the
country's total workforce) are particularly vulnerable.52 These workers are not
covered by social security protections or benefits and their employers are able
to evade health and safety requirements prescribed by domestic labour law. In
response, JAMSOSTEK has continued efforts to raise awareness of the
essentiality of such labour protections to workers' welfare.

In 2007, the latest year of relevant statistics, in the oil
and gas sector, official data indicate that there was one fatality, six
accidents leading to lost days, and 57 accidents not leading to lost days.
Seven deaths were also recorded as a result of fires and other causes.53

The quality of OHS management systems in large enterprises
varies considerably, whilst such systems are either deficient or absent among
smaller companies and employers in the informal sector.54

In an April 2010 report on labour conditions in Indonesia's
illegal logging industry, "Labour
Conditions in Forestry in Indonesia", the ILO highlights the dire working
conditions faced by forestry workers.55
It reports that awareness of OHS issues in this sector is negligible owing to
the absence of relevant training and education.56
Given that work in the logging sector is performed in remote and/or
inaccessible areas where doctors and paramedics are not immediately available,
the lack of first aid knowledge heightens the vulnerability of these workers to
potentially fatal accidents.

A lack of awareness of appropriate precautions to take when
working with hazardous substances is also noted as a problem, in view of the
regular use of pesticides in this industry.57
Furthermore, ‘Building and Wood Workers International' reports that over 99% of
forestry workers have never received any form of occupational training, leaving
them without information on health and safety and other labour rights and
protections.58

The threat of malaria to workers' health and productivity is
particularly pronounced in Kalimantan, for example. Poor working conditions are
compounded by substandard general living conditions, as outsourced workers
(those employed through a labour recruitment company), in particular, are not
provided with adequate accommodation and food and water supplies.59
As the ILO has observed, in some cases it is apparent that "outsourcing is
practised by companies to mask poor conditions or at least to relinquish
responsibility for them."60
These workers do not benefit from any form of health or accident insurance,
workers' compensation, or other social security protections.

The ILO's field study revealed that much of the machinery
and equipment in the forestry industry is very old and, instead of being
replaced by new equipment, is being maintained using parts from older brands of
machinery that are not necessarily the same make.61
It is therefore probable that testing and certification has not been carried
out in many cases. Employers also fail to provide workers with protective
clothing and equipment.62

The Indonesian government has neither signed nor ratified
ILO Convention No. 155 on Occupational Health and Safety or Convention No. 187
on the Promotional Framework for Occupational Safety and Health (and is
therefore not expressly bound by their provisions). At the same time, labour
conditions among forestry workers fall noticeably short of international
standards.

Pakistan: Major occupational health and
safety accidents are common due to an inadequate health and safety framework.
In addition, enforcement of health and safety laws is ineffective in all
sectors63
due to a shortage of resources (both money and manpower), corruption, and
inadequate regulatory structures. According to the ITUC 2011 Annual
Survey, labour inspections under the Factories Act are now undertaken by
lower levels of government. This results in labour inspections hardly ever
being performed.

Most injuries and diseases (43.5%) occurred in the
agricultural sector (including fisheries). Women working in these sectors are
particularly vulnerable: 83.9% of all working women suffering injuries and
diseases worked in the agricultural sector.64
Elementary or unskilled occupations were the second most dangerous occupation,
with 22.9% of all occupational injuries and disease, followed by craft and
machine related trades (at 20.1%). While 37.6% of those suffering occupational
injury or disease, are employees, 43.8% work on their own account (often home
workers etc.) and 20.2% are unpaid family workers. Just over 51% consulted a
doctor. An additional 11% received hospital treatment and 22.4% took time off
work.[i]

Serious industrial accidents – including factory fires,
boiler and gas explosions and building collapses – occur regularly. Health and
safety risks are particularly high for construction workers. Most recently, in
February 2015, eight workers were reportedly killed by electrocution while
constructing a tube well in Muzaffargarh district in Punjab province.65

More men than women suffer from occupational injuries and
diseases. The Labour Force Survey conducted by the Federal Bureau of Statistics
in Pakistan covering the period from July 2009 until June 201066
establishes that 1.1% of female workers and 3.1% of male workers suffered
occupational injuries or diseases.

In its 2010 Annual Survey of violations of trade union
rights,67
the International Trade Union Confederation (ITUC) states that working
conditions for contract and rural workers were "appalling" and particularly in
mines. In 2009, a mineshaft collapsed at the Mach coal mine
killing eight workers. Workers in ship breaking yards face a complete absence
of safety protections.

Turkey: Despite legislative provisions outlining
comprehensive health and safety practices, the implementation of health and
safety standards in Turkey remains weak. In its May 2014 Human Rights Report on
Turkey, the US Department of State says that "Resources and inspections were
not adequate to ensure enforcement in all sectors" 69
The report states that in 2014 at least 1,573 workplace deaths occurred. The European Commission likewise
gives a mixed review of health and safety legislation and enforcement – or the
lack thereof – in Turkey. In its "Turkey
2011 Progress Report", the Commission of the European Communities notes
that while the country adopted new legislation on occupational health and
safety, "there is a need to step up reporting, data collection, and diagnosis
of occupational diseases and sharing of good practice between all
stakeholders."70

Viet Nam: Viet Nam's overall OHS record is poor. According
to the US Department of State, this is mainly due to Ministry of Labour, Invalids and Social
Affairs (MOLISA) having insufficient resources to monitor businesses
effectively. A shortage of trained enforcement personnel hinders the government's
ability to properly enforce health and safety regulations.

Poor health and safety practices are especially prevalent in
the mining and construction sectors of Viet Nam. According to
the US Department of State, these enterprises report the greatest number of
occupational injuries. For instance, in the first six months of 2014, 280
deaths and 3,454 occupational accidents were reported.71
However, due to weak monitoring and a vast informal economy, most accidents
remain unreported, suggesting that the actual numbers are likely to be
significantly higher.

In July 2010, the Vietnamese government reported a rise in
workplace accidents in its Labour
and Social Trends in Viet Nam 2009/10 report.72
In 2009, there were 6,250 reported occupational accidents, an increase of 7%
from the previous year. Workplace deaths also rose by 6% from 2008 to 2009. The
ILO notes that the recent rise in the risk of occupational injuries and
fatalities is likely to be linked with the increase in manufacturing and
industrialisation within the country. The magnitude of the problem, however, is
difficult to assess as many workplace accidents go unreported due to these weak
monitoring systems and inadequate injury compensation schemes.

Reported data does not cover the informal economy, which is
where the majority of Viet Nam's workforce is estimated to work. The National Institute of Labour Protection
estimated in 2010 that there are actually between 120,000 and 130,000
occupational accidents every year, with 10% of those being fatal.73

OHS standards are particularly poor in rural areas: both in
farm and non-farm environments, but there are no accident statistics available
for this sector. There are more than 2,000 handicraft villages producing or
processing recycled metals, paper and other materials that are known to have
negative impacts on local communities and workers' health.

53 Ratih
Pratiwi Anwar and Muyanja Ssenyonga, September 2007, Background paper for
the national tripartite meeting for promoting good industrial relations and social
dialogue in the oil and gas industries in Indonesia (Geneva: International
Labour Office), http://www.ilo.org/public/libdoc/ilo/2007/107B09_3​54_e.i.pdf

Most countries have legislation providing for OHS
protections. If a company is found to have breached any legislation surrounding
limitations on health and safety then it could face penalties. Penalties could
include fines, remediation, and restitution for employees or compensation.
These cases are often not reported as they are minor offences with minor
penalties.

However, there are examples of cases where companies have
had to pay damages and face reputational impacts due to not upholding health
and safety standards.

Mankayi v AngloGold Ashanti Ltd:74
In this case, Thembekile Mankayi, a South African gold miner sued his former
employer AngloGold Ashanti (‘AngloGold') after developing the lung disease
silicosis while working for the mines. He claimed that AngloGold failed in its
duty of care to make the workplace safe and healthy for its employees: both
under statute and at common law. Mankayi made a claim for delictual damages:
this type of damages extends beyond non-financial loss to include injured
feelings.

Mankayi had received compensation through what is called the
Occupational Diseases in Mines and Works Act ("ODIMWA") (No. 78 of 1973). This
Act does not preclude a worker from claiming under common law. However, s35 of
the Compensation for Occupational Injuries and Diseases Act ("COIDA") (No. 130
of 1993) does preclude employees from initiating negligent actions at common
law (to receive delictual damages). AngloGold argued that the preclusion under
s35 of COIDA also precludes employees seeking compensation under ODIMWA.

The court found that because ODIMWA's compensation is
materially different to COIDA, it was an earlier specialised act. Therefore, because
s35 only mentions the COIDA and no other Act, the court found that those
seeking common law claims with compensation claims under ODIMWA could do so.

Unfortunately, Manyeki died days before the High Court
judgement. He made a claim for ZAR2.6 million (around US$390,000) in
compensatory damages, which now can be pursued in the appropriate court.

Not only has this case clearly resulted in high legal costs
for the company it gas also resulted in negative publicity. The case has been
pending since October 2006 and has made its way through the entire court
system. It has also paved the way for other miners in similar circumstances to
claim damages.75

Operational risks and risks to business continuity

Poor health and safety practices and unsafe workplaces increase
the risk of accidents in workplaces, resulting in interruptions at work, work
stoppages or employee shortages.

The need, at times, to train a replacement employee while
a worker is sick or injured

Loss of reputation within a supply chain

Reputational risks

MNCs could face reputational risks that may affect sales and
revenue. For example, the Clean Clothes
Campaign is currently running a campaign to stop the sand blasting of denim
for fashionable effects called "Stop
the Killer Jeans!" Sandblasting is used to wear down denim to make it look
used, a fashionable effect. In one form of sandblasting, where sand containing
silica is used, workers may be exposed to breathing this in if workers are not
wearing protective equipment and there is no proper ventilation. In the long
term, this could result in the workers developing silicosis – a deadly lung
disease. The campaign is targeting such brands as Benetton, Diesel, Dolce & Gabbana, New Yorker,
Orsay, Replay and Versace.

The campaign has been largely successful,
as some jeans manufacturers have dropped the use of sandblasting. The
government of Turkey has banned sandblasting when the materials used contain
silica. These actions came after around 600 sandblast workers had been
diagnosed with silicosis over the past decade.77
Some jeans manufacturers that have since banned the sandblasting process
include New Look, Marks & Spencer, H&M and Levi's.78

The framework, as clarified by the Guiding Principles
document, specifies the main components of human rights due diligence:

A statement of policy articulating the company's
commitment to respect human rights and providing guidance as to the
specific actions to be taken to give this commitment meaning: This
policy should be informed by appropriate internal and external expertise
and identify what the company expects of its personnel and business
partners. The policy should be approved at the most senior level and communicated
internally and externally to all personnel, business partners and relevant
stakeholders. In addition, it should be reflected in appropriate
operational policies and procedures

Periodic assessment of actual and potential human
rights impacts of company activities and relationships: Human
rights due diligence will vary in scope and complexity according to the
size of a company, the severity of its human rights risks and the context
of its operations. Impact assessment must be continuous, recognising that
human rights risks may change over time as companies' operations and
operating contexts evolve. The process should draw on internal and
external human rights experts and resources. Furthermore, it should
involve meaningful engagement with potentially affected individuals and
groups, as well as other relevant stakeholders

Integration of these commitments into internal
control and oversight systems: Effective integration requires
responsibility for addressing such impacts to be assigned to the appropriate
level and function. It also requires appropriate internal decision-making
mechanisms, budget allocation and oversight processes

Tracking of performance: Tracking of
performance should be based on appropriate qualitative and quantitative
metrics and should draw on feedback from both internal and external
stakeholders. In addition, it should inform and support continuous
improvement

Public and regular reporting on performance:
When reporting, companies should take into account the risks the
communication of certain information may pose to stakeholders themselves,
or to company personnel. In addition the content of the reports should be
subject to the legitimate requirements of commercial confidentiality

Remediation: Where business enterprises
identify responsibility for adverse impacts, they should provide for or
cooperate in their remediation through legitimate processes

Companies can seek specific guidance on these and other
issues relating to international labour standards from the ILO
Helpdesk.84
This service aims to help company managers and workers understand the ILO
approach to socially responsible labour practices and to assist in the development
of good industrial relations. The ILO Helpdesk website also contains detailed
factsheets and links to information, resources and frequently asked questions
on labour issues, using the ILO Declaration of Principles concerning
Multinational Enterprises and Social Policy as the framework. Specific actions
that responsible business might take include:85

It is a basic requirement that a company operating in
emerging economies should develop and implement human rights policies and
procedures (this should be throughout its subsidiaries) that encourage managers
and suppliers to take a socially responsible approach to health and safety.

Specific actions may include:

Policy

Compliance with national laws concerning health and
safety, such as the provision of protective clothing and equipment,
ensuring machinery is in good working condition and regulating temperature
and ventilation. Where local laws differ from company policy, the higher
standard should prevail. Company policy on health and safety should be
guided by ILO Conventions on health and safety (see examples below)

Committing to voluntary international health and safety
guidelines including OHSAS18001 and complementary standards including the
International Organization for Standardization's 14000 and 14001. The
Occupational Health and Safety Assessment Series assist organizations in
managing health and safety risks in their operations. Companies that have
adopted the OHSAS
standard include Coca-Cola,
Lexmark
and IBM

Ensuring that company health and safety policies are
tailored to the particular risks in the industry or sector

A grievance mechanism, in line with the Ruggie Framework,
which allows employees to raise issues in relation to health and safety

Supplier contracts with the MNC must require compliance
with the MNC's social policy, as well as to maintain a grievance process
to address claims in relation to health and safety. For example, Rio
Tinto's Health, Safety, Environment and Quality (HSEQ) management
system standard requires that "principal contractors, suppliers and
others with whom it has a substantial involvement" must comply with this
standard

Procedure

Implement a health and safety programme to ensure the
realisation of the policy by having a comprehensive management system in
place. GE, for example, has a comprehensive Environmental, Health and
Safety (EHS) management system that focuses on four key building blocks.
These building blocks include (1) operational responsibility and
accountability relating to EHS performance, (2) programmes that are
applicable to the company's global operations, (3) effective training and
the tools and (4) metrics. For more information see, Overview
of EHS Policy, Team & Program

Undertake due diligence. This may be particularly
beneficial to companies in high risk industries, such as the mining and
manufacturing sectors

Monitor the prevalence of accidents and ill-health within
an industry and the social and economic context in order to gauge
underlying risks of the workplace and how health and safety issues apply
to particular industries and workplaces

Effectively communicate any health and safety policy,
associated guidance and procedures to personnel and, if relevant, to
suppliers, subcontractors and business partners

Provide employees with regular training and awareness
building to sensitise them to the risk of accidents and the related
dangers of working long hours without breaks. This should also foster
awareness and shared responsibility and accountability in relation to
health and safety practices

Continually review and improve health and safety policies
and procedures to ensure that they are in-line with best practice and to
train managers accordingly. Dow
monitors health and safety policies through its Environment, Health and
Safety Committee. The committee's functions include the review of health
and safety policies and the management of health and safety practices. The
committee reports back to the company's board of directors so it is able
to fulfil its responsibilities in respect to the environmental health and
safety policy

Implementation of grievance procedures for both employees
and for suppliers. They can be internal or they could be at the
industry-level (e.g. ombudsperson)

Anglo American, one of the world's largest mining companies, in
2005 implemented its "Zero Harm" vision, which is backed up by a comprehensive
set of policies and procedures relevant to all workers and contractors (and in
some cases visitors to sites). See:Anglo
American (Global) – in-depth

In May 2013, more than 20 clothing brands, including Primark and
H&M, signed the Accord on Fire and Building Safety in Bangladesh which
includes provisions for independent safety inspections and public reporting, in
addition to mandatory repairs and renovations. See:

SECCO, a joint venture between BP and Sinopec, has implemented a
health, safety, security and environment programme, based on training, health
and safety procedures and auditing and inspection programmes. See:

2. OHS safety training for suppliers and company
personnel on health and safety limitations

Training is a key component of responsible approaches to
preventing weaknesses and gaps in health and safety mechanisms in the
workplace. Company managers and suppliers can benefit from ongoing training in
the following areas:

Understanding the relevant health and safety laws within
the country

Understanding and implementing company policy on health
and safety

Establishing a different set of health and safety
procedures for young workers. Most workers under 18 are potentially more
prone to accidents or disease than adults

Understanding the issues and risks for a company with
respect to poor health and safety policies and procedures

The ILO provides guidance
on health and safety on certain issues and sectors, including agriculture,
HIV/AIDS, child labour and construction. The training materials provide useful
information on hazard, risk and prevention which contributes the establishing
an effective health and safety culture.

Anglo American, one of the world's largest mining companies, in
2005 implemented its "Zero Harm" vision, which is backed up by a comprehensive
set of policies and procedures relevant to all workers and contractors (and in
some cases visitors to sites). See::

3. Employee participation in health and safety practices
and procedures

Employee's taking an active part in health and safety
practices and procedures – this can be encouraged throughout the supply chain.
Workers will then be empowered to actively take care of their own workspace and
look out for potential hazards. Incentives – for example, a cash incentive for
remaining accident free for a certain time period, the company hosting a dinner
in celebration of accidents not resulting in deaths – can also be provided, but
should not be used to deter workers from reporting injuries.

This could also include employers becoming more healthy,
which would inturn decrease the rate of sick days in the long-term. Companies
could encourage employees, for example, to undertake certain activities through
providing them with access to sports facilities. In 2009, BASF launched a
health promotion campaign which encourages employees to improve their health
through increased physical activity. MNCs could also provide nutritious food
that is cheaper than other food (thereby incentivising employees to choose the
cheaper, more nutritious option).

Employees working on a daily basis have a much better
understanding as to the health and safety risks of their working environment
and therefore their suggestions should be taken seriously.

Examples of employee participation could include:

Employees' participation in the health and safety
groups/committees within a company to make suggestions for steps to
mitigate particular health and safety hazards in operations

Rewarding workers on any health and safety improvements
made that result in reduced injuries or incidents

Empowering workers to make decisions on whether they
should continue to work, if the work environment changes and becomes more
dangerous

Encouraging participation in sports, health and nutrition
education

Please note that incentives and rewards have to be properly
structured and provide concrete results. These incentives cannot indirectly
punish workers for reporting an accident as these types of incentives imply
that it is always the fault of the worker that he/she had an accident, instead
of the fault of operational or strategic policies and practices.86

Volkswagen is providing OHS (OHS) systems support to small and
medium sized enterprises (SMEs) in supplier countries, which otherwise lacked
such capacity. See:

4. Social auditing and monitoring

A company should consider including in its social audits monitoring
its own operations as well as major suppliers' factories in countries where a
high incidence of health and safety have been reported. Such monitoring or
audits can be undertaken by the company or a third-party contracted by the
company.

Audits could include:

Interviewing management on policy and practices ensuring
that health and safety policies and procedures are being honoured. The
auditor should ascertain, for example, whether machinery is well
maintained and up-to-date

Interviewing employees on their health and safety
practices – including what training they have received – preferably out of
the work setting and anonymously so as to assuage any fears they may have
over losing their jobs

Inspecting the factory/workplace for any signs of workers
appearing overly tired, fatigued or stressed

Inspecting time-keeping records to ensure that workers'
overtime hours are not excessive

Further, the implementation of health and safety measures
shall be continuously monitored, evaluated.

It is imperative to uphold a continuous information
disclosure process. Companies should continuously report back to their
stakeholders about progress, consultation outcomes and issues addressed through
grievance mechanisms.87

5. Improving the productivity of business partners and
suppliers through improved health and safety practices

A company can introduce methods to increase productivity.
While commercial pressures will often mean buyers and employers will have to
find a way to reduce non-labour costs to compensate for a reduction in health
and safety, MNCs might be in a strong position to help their suppliers achieve
such non-labour cost reductions.

This could be achieved through "capacity building" efforts
such as:

The promotion and/or financing of new technologies to
improve health and safety

The promotion of new production techniques that are safer

Employee training on health and safety procedures and on
how to use machinery and equipment

Improved logistical coordination and planning to reduce
the impact of production problems and disruptions

Nonetheless, MNCs will need to implement health and safety
mechanisms to ensure the improvement employee health, which, in turn translates
into lower costs incurred as a result of occupational accidents and disease.

A company is likely to see initial non-financial benefits
almost immediately, such as employees taking fewer days' leave due to illness.
Non-financial benefits in the long-term include increases in productivity and
reductions in employee turnover due to greater work satisfaction. Financial
benefits include cost savings in relation to reduced staff turnover (therefore
the reduction of recruitment costs), improved worker/management relationships.

Goldfields in Australia has moved from a short-term health and
safety indicators to a long term health and safety strategy, which has resulted
in an increase in productivity for returning workers. See:

GE, US AID, Adidas and other companies and governmental
organisations have joined forces to establish the EHS Academy in two provinces
in China: Guangdong and Jiangsu. The academy provides a comprehensive course on
health and safety compliance, technical training and management. See:

6. Multi-stakeholder engagement and programmes

Multi-stakeholder programmes can help companies to develop
programmes to minimise the risk of unsafe health and safety practices
throughout their supply chains. For instance, a coordinated effort amongst
suppliers, business partners and other companies aimed at managing health and
safety in the supply chain, through creating a "level playing field", may
enhance the chances of making a positive impact on a supplier's working
environment.

Such an effort could initially focus on contexts where there
is a critical mass of buyers who have a long-term relationship with the
supplier and are willing to ensure that health and safety policies and
practices are properly implemented. This may be arranged through industry
groups, multi-stakeholder initiatives such as the Ethical Trading Initiative and the Fairtrade Foundation.

Sedex, for
example, provides a secure database for companies to store and share ethical
data including self-assessment, audit reports and corrective action reports and
status. Such information could be used by member companies to coordinate their
efforts in the implementation of health and safety policies in supply chains.

The Ethical Trading Initiative and the National Homeworkers Group
have joined to assist homeworkers in India in improving working conditions,
including by providing health and safety training. See:

GE, US AID, Adidas and other companies and governmental
organisations have joined forces to establish the EHS Academy in two provinces
in China: Guangdong and Jiangsu. The academy provides a comprehensive course on
health and safety compliance, technical training and management. See:

7. Grievance mechanisms

Where businesses identify responsibility for adverse
impacts, they should provide for, or cooperate in their remediation and offer
routes to judicial or non-judicial grievance mechanisms. Businesses can provide
for operational-level grievance mechanisms as recommended in the Draft Guiding
Principles.88
Operational level grievance mechanisms are administered by companies alone or
in collaboration with relevant stakeholders and are accessible directly to
"individuals and communities who may be adversely impacted by a business
enterprise".89

Operational-level grievance mechanisms may help companies
identify human rights impacts and grievances and make it possible to address
such grievances and remediate human rights impacts at an early stage.

According to guidance from Harvard University, any grievance
mechanisms should ideally be:

Legitimate and trusted – and ideally be overseen by the
company and its employee representatives

Well-publicised and accessible

Transparent in terms of process and outcomes – whilst
allowing for confidentiality where necessary and desirable

Based on engagement and dialogue between the relevant
parties (where appropriate)

Predictable in terms of process – including key steps and
options within the process, timeframes and the monitoring of outcomes

Fair and empowering – including the appropriate treatment
of imbalances in power, knowledge and influence between protagonists

A source of continuous improvement – including the
achievement of learning on the basis of received complaints, the
identification of systematic problems within the workplace and lessons
learnt from the grievance process itself 90

Access to judicial and administrative grievance mechanisms
available in the country should never be obstructed. Any mechanism should have
processes in place to receive, record and address health and safety grievances
by employees. A collaborative approach involving employees can facilitate the
solution finding process. Any decision taken should be reported back to the
employees or other stakeholders.

Please contribute your commentary or suggestions on good company
practices to our online discussion forum:

85 Suggested actions are for
guidance only. Depending on the circumstances, these may not be relevant to all
companies. The suggested actions may be adopted and adapted in certain
regions/sectors/contexts where risks are known to be greatest. The adoption of
these actions will also be dependent on the company's existing policies,
resources and procedures, as well as the cost-benefit of undertaking these
actions, which indeed might be the root cause of the dilemma itself. The aim of
the Forum is to encourage business, trade unions, civil society and other
stakeholders to engage on the dilemma topic, to augment the suggestions and to
provide additional insight and case examples.

89 UN Special Representative of
the Secretary-General on the issue of human rights and transnational
corporations and other business enterprises, 21 March 2011,Guiding
Principles for the Implementation of the United Nations ‘Protect, Respect and

Verisk Maplecroft's Occupational Health and Safety Risk
Index details the prevalence of such risks for businesses worldwide. This Index
assesses the risk to OHS using data on the number of accidents and fatalities
in work-related accidents, absence from work and conventions ratified. The
Health and Safety Risk Map reveals the level of risk to OHS in 198 countries.
In accordance with the ILO's Occupational Health Safety
Convention 1981, for the purpose of this Index, 'health', in relation to
work, indicates not merely the absence of disease or infirmity, it also
includes 'the physical and mental elements affecting health' which are directly
related to safety and hygiene at work.

International legal instruments

The ILO has approximately 80 standards or codes of practice that
address matters of OHS , both on a general level and in relation to particular
sectors.

This is a general convention on health and safety and covers
"all branches of economic activity".92
However, a country can apply to opt out of the application of this Convention
in respect to particular areas of economic activity due to the special nature
of health and safety problems that may arise. This includes, for example,
maritime shipping or fishing.

Each state party to this Convention must "formulate,
implement and periodically review a coherent national policy"93
on OHS (Article 4). This process should involve consultation with
representatives of both employer and employee organisations.

Under Article 5 of the Convention, the main issues to be
addressed in the national policy include the safe design of workplaces, the
capacity of workers to use tools and machinery, adequate health and safety
training, cooperation and communication at all levels, and the protection of
workers against inappropriate disciplinary action.

Further, under the Convention employers are required to
ensure that workplaces are safe and that workers are provided with adequate
clothing and protection (Article 16). The workplace must also be adequately
equipped to deal with accidents (Article 18). In turn, workers are required to
fully co-operate with the employer in respect to health and safety guidelines
and regulations (Article 19).

Only 64 member states have signed this convention. Notable
omissions include the Philippines, Indonesia, Pakistan, Bangladesh, Iran, Egypt
and India.

The prevention of workplace physical and mental stresses
that may harm workers

Radiation protection

Prevention of hazards such as fire, noise, vibration,
explosions etc.

It also provides more detail on how a national action plan
should be created and implemented, how the government can implement the plan as
well as what employers are required to undertake to verify they are complying
with laws, regulations and standards.

This Convention, ratified by only 18 countries, addresses
how countries can take appropriate measures to prevent major accidents. This
includes preventing the risks associated with major accidents occurring and
minimising the effects of any accidents that actually occur.

The Convention includes provisions on the use of hazardous
substances and applies to all "major hazards installations"96
(Article 1). It does not apply to nuclear and military installations, or
transport outside the site of an installation (except when it is via pipeline).

A major hazard installation is defined as "one that
produces, processes, handles, uses, disposes of or stores, either permanently
or temporarily , one or more hazardous substances in quantities which exceed
the threshold quantity" (Article 3).

This Convention also requires the country to periodically
implement a national policy to ensure the prevention of major accidents
(Article 5). The national authority is obliged, in cooperation with employee
and employer representatives and other relevant stakeholders, to establish a system
to identify hazardous installations (Article 5).

Employers are also given certain responsibilities under the
Convention including identifying a major hazard installation and conducting
safety reports (Articles 7, 10 and 12). Employees also have a duty to comply
with practices and procedures that are aimed to prevent major accidents
(Article 21).

Countries that have signed the treaty include Brazil, Russia
and India, however no other N11 or BRICs country has done so.

Conventions covering the working environment

There are a number of conventions covering the working
environment and the tools and substances used in these environments.

The right to a safe working environment (ICESCR,
Article 7) (as well as ILO Conventions, including but not limited to,
ILO Convention No. 152, on Occupational Safety and Health (1979), ILO
Convention No. 155, on Occupational Safety and Health (1981), ILO Convention
No. 161, on Occupational Health Services (1985), ILO Convention No 170, On
Chemicals (1990) and ILO Convention No. 174, on the Prevention of Major
Industrial Accidents Convention(1993): An unsafe working environment will have
a direct effect on a worker's right to a healthy and safe workplace.

The right to enjoy just and favourable conditions of
work (ICESCR, Article 7): Employees have a right to just and
favourable working conditions, including healthy and safe working conditions,
fair wages, equal remuneration for work of equal value, the right to rest,
leisure, holidays and reasonable policies encompassing health and safety as
part of the conditions of work.97

The right to social security, including workplace
insurance (ICESCR, Article 9): If there is an accident at work, an
employee has the right to adequate social protection. Under the ICESCR this
means that a worker should be entitled to all social security benefits
including health care and sickness and protection if the person is injured or
suffers an illness that is work related. Without this protection, injured
employees that are unable to work again due to an injury suffered at work will
not be able to support themselves, nor their family.

The right to health (ICESCR, Article 12): An
unsafe and unhealthy working environment can impinge upon a worker's right to
health. Working unprotected in hazardous conditions such as in a mine, could
result in long-term physical injuries and illness including chronic pulmonary
disease due to exposure to crystalline silica.98
Exposure to coal dust can give rise to pneumoconiosis as well as chronic
pulmonary disease.99
An accident at work that results in a permanent physical disability, such as
the loss of a limb, can also affect a person's ability to enjoy a home life to
the full, or recreational activities.

The right to a family life (Article 10, ICESCR):
An injury or illness arising from a person's employment may disrupt family
activities and recreational activities undertaken with the family.

The range and scope of workplace injuries

The range and scope of health and safety issues is vast;
however, some of the more important risks have been highlighted below, as many
of these contribute to the significant numbers of occupational injuries, deaths
and diseases suffered each year by workers.

Accidents

The most common types of health and safety incidents at work
are accidents and injuries from work equipment. Correct and safe machine
operation will depend upon adequate worker training, safeguards on the
equipment, proper protective gear for the worker and ensuring that the
equipment is well maintained and free from mechanical defects.

Accidents also occur where workplaces are inadequately
maintained, there is an inadequate attention to spills and obstructions on the
work floor, etc. Lack of first aid equipment and trained first aid personnel
prevents health symptoms and injuries from being treated quickly which can
prevent early recovery. Early reporting of symptoms and recognition of the
seriousness of poorly maintained workplaces and first aid equipment will play a
role in reducing the severity or deterioration of the injury.

Falls from hazardous heights are particularly common in the
construction industry and for contractors, such as roofers. In most of these
cases, this is due to the use of inadequate safety equipment, inadequate risk
assessments and the failure to implement adequate risk mitigation mechanisms.

Exposure to hazards

Fire and explosions can be caused by a variety of reasons,
including careless behaviour, improper storage and handling of volatile or
flammable materials and lack of precautions for any pressure systems. They are
particularly dangerous given the level of damage, loss of life and severe
injury that can occur within moments. However, the effects of fire and
explosions can be compounded by inadequate emergency planning and response,
such as a lack of fire doors, blockage of emergency exits or lack of employee
training for the event of a fire.

Musculoskeletal disorders

Musculoskeletal disorders result from a range of tasks in
the workplace. Workers who lift heavy loads at work are prone to back strain,
injury and other muscle damage if loads are too heavy or if the worker lifts or
carries the load incorrectly. For example, nurses and care assistants who need
to lift patients must have access to specialised equipment or be assisted by
other members of staff to prevent back injuries or muscle injuries, as well as
to safeguard the welfare of the patient.

Other types of injuries occur when there are repetitive
movements in conjunction with inadequate breaks or safety management. For
example, workers operating pneumatic drills - such as miners or construction
workers - for long periods of time can suffer a debilitating disease known as
‘Vibration White Finger' or Raynauds Disease.

The UK Health and Safety Executive
(HSE) in its guidance on hand-arm vibration at work has estimated that, in the
UK, two million workers are exposed to hand-arm vibration.100
The guidance also states that exposure to hand-arm vibration occurs in many
industries, particularly where the use of power tools is extensive, e.g.
construction/demolition, mining, quarrying, forestry, shipbuilding/repair,
motor vehicle manufacture and repair, foundries, public utilities (gas,
electric, telecoms, water), railways and aircraft manufacture.101

The HSE has also identified other risk factors such as:

Bending and twisting repeating an action too frequently

An uncomfortable working position

Exerting too much force

Working too long without breaks

An adverse working environment (e.g. hot, cold)

Psychosocial factors (e.g. high job demands, time
pressures and lack of control), and

Not receiving and acting upon reports of symptoms quick
enough

Office workers are particularly prone to injuries from
display screen equipment and the problems associated with the equipment include
visual problems, eye strain and injuries, risks of injury to arms, wrists and
elbows, and also mental stress.

The HSE, in its guidance on musculoskeletal disorders,
explains that these disorders are preventable or can be minimised. However,
they are found in every business sector and in the UK alone an estimated 9.4million
working days are lost annually due to work-related musculoskeletal disorders.102

Hazardous substances

Typically, the types of disorders that can occur from
exposure to hazardous substances include cancers, respiratory illnesses and
skin diseases.

Asbestos

The ILO publication "Facts
on Safety at Work"103
reports that asbestos is responsible for 100,000 occupational deaths per year.
In the UK, it is estimated that 120,000 people may be victims of exposure to
asbestos. Asbestos was widely used from the 1950s onwards and is present in
many buildings and workplaces. Asbestos only becomes hazardous once fibres are
exposed, which typically occurs only when surfaces are damaged. Asbestos fibres
are easily breathable, without any warning that the fibres are present in the
air. Once exposed, an individual does not suffer from the effects of the
asbestos until many years after the initial exposure. The legacy of this lag
time in asbestos related diseases and the continued presence of asbestos in
many buildings mean that the risks from asbestos remain high.

Silica

Crystalline silica is found in concrete, masonry, sandstone,
rock, paint and other abrasives. The cutting, breaking, crushing, drilling,
grinding or abrasive blasting of these materials may produce fine silica dust.
It can also be in soil, mortar, plaster, and shingles. Small pieces of silica
dust get in the air and become trapped in the lungs. As the dust builds up in
the lungs, fluid accumulates damaging the lungs, making it harder to breathe.
At present, there is no cure for the disease silicosis, and deaths from
silicosis can occur within only a few years after exposure. The workers
particularly prone to silicosis are construction workers and workers, such as
tile experts who may work in the same vicinity. In "Facts
on Safety at Work"104
the ILO estimates that in Latin America, 37% of miners have some degree of the
disease.

Radiation

Radiation exposure is one of the deadliest hazardous
substances, in that exposure to radiation can cause numerous diseases and
conditions, particularly cancer and genetic mutations in unborn children. The
different types of radiation hazards are exposure to ionising radiation,
radioactive materials, radon and ultra violet radiation. Most incidents of
radiation exposure generally occur to individual workers; occasionally,
however, communities have been affected by radiation leaks.

Chemicals

Chemicals, in the form of liquid, gas and solids are used
extensively in the world. The widespread application and use of chemicals
requires proper attention and training to using them properly, safely, with
emphasis on adequate labelling and ensuring workers are fully informed of the
risks and have proper protective equipment. For example, lack of worker
knowledge may lead to the inadvertent mix of two chemicals producing a third
more dangerous chemical.

Noise disorders

As part of the WHO's Environmental Burden of Disease Series,
the publication "Occupational
Noise"105
profiles the impact of noise on workers who are often exposed to noise levels
above 85 decibels for more than eight hours a day which is potentially
hazardous. Exposures can come from use of heavy machinery but also background
sound in places like foundries, factories or paper mills. Hearing related
disorders include deafness and tinnitus, which is described as a ‘ringing in
the ears'. Such irreversible hearing impairments are easily preventable.

Communicable diseases caused by exposure to
pathogens

HIV/AIDS and Tuberculosis (TB)

The ILO has developed a "Code
of Practice on HIV/AIDS and the World of Work"106
in recognition of HIV/AIDS as a workplace issue. This is not only because it
affects the workforce, but also because the workplace can play a vital role in
limiting the spread and effects of the epidemic. For example, a top health and
safety priority for health care workers is the prevention of exposure to HIV
due to needle-stick injuries from contaminated needles.

The Code of Practice states that there should be no
discrimination or stigmatisation of workers on the basis of real or perceived
HIV status (Key principle 4.2). Promoting gender equality and empowering women is
vital for the prevention of the spread of HIV infection and assists in enabling
women living with HIV/AIDS to cope (Key principle 4.3). A healthy work
environment that is adapted to the state of health and capabilities of workers
(Key principle 4.4). HIV/AIDS screening should not be a requirement for either
job applicants or employees (Key principle 4.6). Access to personal data
relating to a worker's HIV status should be confidential and consistent with
existing ILO codes of practice (Key principle 4.6).

The ILO's 2010 report Recommendation
concerning HIV and AIDS and the World of Work107
demonstrates how the effects of the HIV/AIDS epidemic are dramatically
impacting the global workforce. The ILO's Code of Practice on HIV/AIDS and the
World of Work reports that while all employers are suffering loss of competent
workers with skills and experience, certain industries have more of their workforce
affected by HIV/AIDS. Examples include the mining industry and the transport
and logistics sector, where the long hours, separation from communities and
required mobility of the workers lead to increased risk-taking activities in
relation to sexual practices.

HIV/AIDS impacts the workplace in the following way:

Lower labour productivity

Higher employee benefit costs

Higher labour turnover rates

Loss of experience and vital skills, and

Higher recruitment and training costs

The HIV/AIDS dilemma
details the risks and issues, presenting examples of good business practice in
preventing worker exposure to HIV/AIDS. Examples include the introduction of
voluntary testing or engaging in ‘train-the trainer' programmes which help to
facilitate HIV/AIDS education, awareness and preventative measures.

Tuberculosis (TB) is a bacterial disease which affects
the lungs and is easily communicable. Workers that contract HIV/AIDS are prone
to TB, as patients are most vulnerable to TB infection when immune systems are
compromised. Maplecroft's Global Map of Tuberculosis gives more details on the
risks and impacts that business suffers from having a TB affected workforce.
For example, TB has a direct impact on the profitability of individual
businesses by generating increased costs: direct costs (related to
inefficiencies and treatment) and indirect costs (such as the replacement and
retraining of workers). Moreover, where TB incidence rates are high, workplaces
are often the sites where employees face increased risks of contracting TB,
making it an occupational health hazard.

Other diseases

Poor-quality drinking water, poor sanitation, poor hygiene
in the workplace and lack of OHS knowledge by employees also contribute to
other illnesses affecting worker health. In addition, workers may also be
exposed to infectious and parasitic diseases such as malaria, viral and
bacterial diseases, schistosomiasis, tse-tse flies, zoonosis and severe acute
respiratory syndrome (SARS).

The WHO publication "Global
strategy on occupational health for all: The way to health at work"108
reports that Hepatitis B and Hepatitis C viruses (particularly among health
care workers), as well as chronic parasitic diseases (particularly among
agricultural and forestry workers) are the most common occupational diseases
resulting from such exposures. The growing mobility of people from disease endemic
areas to areas of low risk has increased the risk of the spread of the disease,
particularly to health care personnel. Immunisations can be used to control
some hazards such as Hepatitis A and B, while for some others careful personal
and occupational hygiene and use of personal protective devices or
immunoglobulin (Hepatitis C) may be the main preventive strategy. A new
occupational health problem affecting health service workers and certain other
groups is the re-emergence of traditional epidemics of communicable diseases such
as TB in, for example, Eastern Europe.

Other risk factors

Stress

Although the word ‘stress' has been commonly adopted into
everyday language and can be used indiscriminately to describe varying degrees
of work pressures in modern working life, the effects of stress upon workers
must not be underestimated and the symptoms of stress should be adequately
recognised by an employer. The ILO report ‘What is workplace stress?'109
explains that the effects of stress cause "disorders that are responsible for
the great majority of disease, death, disability and medical care use in most
industrialised countries, ranging from chronic fatigue to depression, insomnia,
anxiety, migraine, emotional upsets, allergies and abuse of tobacco and alcohol.
Also, in the longer term, stress can contribute to hypertension, and as a
consequence to the development of heart and cerebrovascular disease, as well as
to peptic ulcers, inflammatory bowel diseases and musculoskeletal problems. It
may also alter immune functions, which may in turn facilitate the development
of cancer."110

The ‘What is workplace stress?' publication reports that
several recent studies have highlighted the links between work-related stress,
violence at work, the abuse of drugs and alcohol and tobacco consumption. The
publication suggests that stress at work contributes to negative emotions such
as fear, helplessness and failure which may lead to behaviours such as
drinking, using drugs and other harmful substances. This, in turn leads to other
health issues.

The impacts of worker stress have a number of cost
implications for employers, including absenteeism, higher medical costs and
staff turnover, with the associated cost of recruiting and training new workers
and reduced productivity and efficiency.

The following are recent estimates which relate to the cost
of work-related stress:

In 2012 15 million working days were lost due to
stress-related disorders in the UK. Further, in 2013 the cost of work
related stress amounted to £6.5 billion.111

In Australia in 2013, workplace stress cost the economy
AU$14.8 billion a year and costing employers AU$10.11 billion per year.112
This does not include indirect costs such as the cost of re-hiring
and re-skilling due to high staff turnover that is associated with stress.

550 million working days are lost each year due to
absenteeism in the United States and over half of these absences are
stress-related113

Excessive working hours

Health and safety protocol is compromised by long working
hours or continuous shifts without breaks. Long hours can lead to sleep
deprivation affecting alertness, concentration and recognition of impending
dangers. Other effects of long working hours include stress and musculoskeletal
disorders. Longer working hours are particularly dangerous for example, for workers
operating machinery. Productivity and effectiveness is particularly affected.
For more information see the Working
hours dilemma.

Gender-specific issues

According to World Health Organization's "Women and
Health Report"114,
globally, men and women suffer from OHS issues in different ways. Women are
often in lower paying, unskilled work in the informal sector that provide
little or no health benefits.115

Traditionally in many countries, particularly developed
countries, construction industry workers or ship workers are more likely to be
men; however, women are the majority in places such as garment factories in
many parts of the world, including Mexico, India, Bangladesh and China.116
In many sectors however, the Women and Health Report states that compared to
men, women suffer more OHS incidents.117

According to a 2011 WHO report entitled "Gender,
Health and Work"118,
there are a number of factors that could result in women being exposed to more
injuries than men. These include a larger proportion of women working in a
particular sector (e.g. domestic work, textile), women workers' not reporting
an injury due to the informal nature of their work or the insecure nature of
their work. It can also be because of inherent discrimination against women
including sexual harassment at the workplace. Women are also less able to take
the time they need to recover from injury, thereby exacerbating the symptoms
and injuries suffered. For more information, see the WHO's report.

"Regarding hazardous substances, the impact reveals that men
are at particular risk. This can be explained by the distribution of hazardous
jobs. More men work in jobs that expose them to accidents or hazards caused by
substances that are carcinogenic or may cause circulatory and respiratory
disease. Also, it appears that even in the same jobs, women tend to adopt more
preventive and protective ways of carrying out work.

On the other hand, with large numbers of women working in
agriculture in developing countries, they are particularly vulnerable to
communicable diseases, such as work-related malaria, hepatitis, schistosomiasis
(infection by a water-borne parasite) and other bacterial, viral and
vector-borne diseases.

While men are more likely to be involved in fatal accidents
and other work-related deaths, the everyday burden of muscular-skeletal disorders,
stress, and violence hits women hard, but the outcome may often be long-term
disabilities rather than death."